Petitions Citing BNS, BNSS & BSA Must Also Mention Corresponding IPC, CrPC & IEA Provisions : Allahabad High Court

The Allahabad High Court has mandated that in all petitions where provisions or references of the newly promulgated criminal laws [Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA)] are mentioned, the corresponding provisions of the repealed Acts [(Indian Penal Code (IPC), Code of Criminal Procedure (CrPC) and Indian Evidence Act (IEA)] must also be added alongside. A bench of Justice Shree Prakash Singh directed the registry to adhere to this direction as it noted that in the applications, petitions, appeals and revisions where provisions of new criminal laws are cited, the non-mentioning of the repealed laws is causing 'tremendous inconvenience' to the HC as well as to the advocates appearing in such matters. The Court added that advocates themselves have repeatedly suggested that mentioning the corresponding provisions of the old Acts would "facilitate the earliest adjudication of the matters". Taking due note of this concern, the Bench issued a categorical direction stating: "For the foregoing reasons, it is directed that all the matters, where provisions/reference of newly promulgated Acts (B.N.S./B.N.S.S./B.S.A.) are mentioned, in one of the paragraph, the corresponding sections/provisions of the repealed Acts (Cr.P.C./I.P.C./Evidence Act) shall be transcribed. Registry is directed to adhere with the aforesaid directions, strictly". This order comes over a year after the new criminal replaced the colonial-era criminal laws [the IPC, CrPC and Evidence Act]. The Bench passed this order while hearing an application seeking to quash the entire criminal proceedings of case under Sections 126(2), 194(2), 115(2), and 351(3) BNS including the charge-sheet and cognizance and summoning order. The applicants contended that the FIR was a retaliatory action by the husband of applicant no.1, as she had earlier lodged a case against him under Sections 85, 115(2), 352, 351(3) BNS and Sections 3/4 of the Dowry Prohibition Act. Finding prima facie substance in the arguments if the applicants, the bench issued notice to opposite party no.2 and ordered that criminal proceedings shall remain stayed till the next date of hearing. The case is now listed for hearing in the week commencing November 3, 2025.

Petitions Citing BNS, BNSS & BSA Must Also Mention Corresponding IPC, CrPC & IEA Provisions : Allahabad High Court

Sparsh Upadhyay

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